Common use of Remedies and Limitation of Liability Clause in Contracts

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this contract, whether of warranty or otherwise, Seller may request the return of the goods and tender to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract except to refund such purchase price upon redelivery of the goods. No goods may be returned without Xxxxxx's written request. If Seller requests the return of the goods, the goods will be redelivered to Seller at Buyer's expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goods. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, and Seller has not delivered any goods to Buyer, Seller may tender to Buyer the purchase price previously paid by Buyer, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price previously paid by Buyer. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under the contract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential or special damages, including without limitation, lost revenues, lost profits, recall expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall Seller's liability on any claim for damages arising out of or connected with the contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods provided by other suppliers will be assigned to Buyer upon request. Seller shall not be liable for failure to perform its obligations under the contract resulting directly or indirectly from circumstances beyond Seller's reasonable control.

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this contractthe Contract, whether of warranty or otherwise, Seller may request the return of the goods Goods and tender or credit to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract Contract except to refund or credit such purchase price upon redelivery of the goodsGoods. No goods Goods may be returned without Xxxxxx's ’s written request. If Seller Xxxxxx requests the return of the goodsGoods, the goods Goods will be redelivered to Seller at Buyer's ’s expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods Goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goodsGoods. In the event Buyer claims Seller has breached any of its obligations under the contractContract, whether of warranty or otherwise, and Seller has not delivered any goods Goods to Buyer, Seller may tender refund or credit to Buyer the purchase price previously paid by BuyerBuyer for those Goods, and, in such event, Seller shall have no further obligation under the contract Contract except to refund or credit such purchase price previously paid by Buyer. The remedies contained in this and the two (2) preceding paragraph paragraphs together with Seller’s Indemnification Obligations shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's ’s obligations under the contractContract, whether of warranty or otherwise; provided, however, such remedies shall be unavailable to Buyer if Buyer inspected or reasonably should have inspected the Goods and could have discovered the non-conforming Goods upon such inspection, which failure shall be deemed an irrevocable waiver by Buyer of such or any other remedies. After identifying any non-conforming Goods, within ten (10) days of Buyer’s discovery of the nonconformance (or when Buyer reasonably should have discovered the nonconformance), Buyer will provide Seller written notice thereof together with the results of its internal root cause analysis of the non-conformance(s) and any other information requested by Seller relating to the non-conformance(s). Buyer shall further cooperate with Seller in a joint root cause analysis led by Seller, and in developing and implementing corrective action programs or other plan(s) to remediate potential failures that may have contributed to such non- conformance(s), which cooperation shall include, without limitation, providing Seller and its agents reasonable access to Buyer’s personnel and operations. In no event shall Seller be liable for indirect, incidental, consequential consequential, exemplary, punitive, or special damages, including without limitation, lost revenues, lost profitsprofits or recall (including, recall without limitation, any voluntary customer satisfaction or other service campaign or similar action) expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall Seller's ’s liability on any claim for damages arising out of or connected with the contract Contract or the manufacture, sale, delivery or use of the goods Goods exceed the purchase price of the goods Goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods Goods provided by other suppliers will will, unless contractually prohibited, be assigned to Buyer upon request. Seller shall not be liable for failure to perform its obligations under the contract Contract resulting directly or indirectly from circumstances beyond Seller's ’s reasonable control.. Without limiting any other rights or remedies available to Seller under the Contract or applicable law, in the event Seller claims Buyer has breached any of its obligations under the Contract, Seller may recover damages resulting from the default, including, without limitation, (i) the Contract price for completed Goods and the cost of work-in-progress and raw materials and

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this contractthe Contract, whether of warranty or otherwise, Seller may request the return of the goods Goods and tender to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract Contract except to refund such purchase price upon redelivery of the goodsGoods. No goods Goods may be returned without Xxxxxx's Seller’s written request. If Seller requests the return of the goodsGoods, the goods Goods will be redelivered to Seller at Buyer's ’s expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods Goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goodsGoods. In the event Buyer claims Seller has breached any of its obligations under the contractContract, whether of warranty or otherwise, and Seller has not delivered any goods Goods to Buyer, Seller may tender to Buyer the purchase price previously paid by BuyerBuyer for those Goods, and, in such event, Seller shall have no further obligation under the contract Contract except to refund such purchase price previously paid by Buyer. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's ’s obligations under the contractContract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential or special damages, including without limitation, lost revenues, lost profits, profits o recall expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall Seller's ’s liability on any claim for damages arising out of or connected with the contract Contract or the manufacture, sale, delivery or use of the goods Goods exceed the purchase price of the goods Goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods Goods provided by other suppliers will will, unless contractually prohibited, be assigned to Buyer upon request. Seller shall not be liable for failure to perform its obligations under the contract Contract resulting directly or indirectly from circumstances beyond Seller's ’s reasonable control. In the event Seller claims Buyer has breached any of its obligations under the Contract, Seller may recover damages resulting from the Default, including (i) the Contract price for completed Goods and Services and the cost of work-in- progress and raw materials and (ii) the cost of unreimbursed and unamortized research and development, capital equipment, property, and supplies that are unique to the Goods.

Remedies and Limitation of Liability. In the event If Buyer claims Seller has breached any of its obligations under this the sales contract, whether of warranty or otherwise, Seller may request the return of the goods and tender to Buyer the purchase price previously paid by Buyer, and in goods. In such event, Seller shall have no further obligation under the sales contract except to refund such purchase price upon redelivery of the goods. No goods may be returned without Xxxxxx's written request. If Seller so requests the return of the goods, the goods will be redelivered to Seller in accordance with Seller's instructions and at Buyer's expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goods. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, and Seller has not delivered any goods to Buyer, Seller may tender to Buyer the purchase price previously paid by Buyer, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price previously paid by BuyerSellers expense. The remedies contained in this and the preceding paragraph section shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under the sales contract, whether of warranty or otherwise. In no event shall Seller be liable for incidentalIN NO EVENT SHALL SELLER BE LIABLE FOR ANY AMOUNTS REPRESENTING LOSS OF PROFITS, consequential or special damagesLOSS OF BUSINESS, including without limitationLOSS OF BUSINESS OPPORTUNITIES OR FOR ANY CONSEQUENTIAL, lost revenuesINCIDENTAL, lost profitsINDIRECT, recall expensesPUNITIVE OR SPECIAL DAMAGES, or line down time of Buyer or Buyer's customer or a customer remote to BuyerEVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, nor shall Seller's liability on any claim for damages arising out of or connected with the contract or the manufactureNOR SHALL SELLER’S LIABILITY ON OR WITH RESPECT TO ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SALES CONTRACT OR THE MANUFACTURE, saleSALE, delivery or use of the goods exceed the purchase price of the goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods provided by other suppliers will be assigned to Buyer upon requestDELIVERY OR USE OF THE GOODS EXCEED THE PURCHASE PRICE OF THE GOODS. Seller shall not be liable for failure to perform its obligations under the sales contract resulting directly or indirectly from or contributed to by acts of God; acts of Buyer; civil or military authority; fires; strikes or other open disputes; accidents; floods; epidemics; war; riot: delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller's Sellers reasonable control, whether or not similar to the foregoing.

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this the sales contract, whether of warranty or otherwise, Seller may request the return of the particular goods to which the breach relates and tender to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract except to refund such purchase price upon redelivery of the goods. No goods may be returned without Xxxxxx's written request. If Seller requests the return of the goods, the goods will be redelivered to Seller at Buyer's expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goods. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, and Seller has not delivered any goods to Buyer, Seller may tender to Buyer the purchase price previously theretofore paid by Buyer, and, in such event, Seller shall have no further obligation under the sales contract except expect to refund such purchase price previously paid by Buyerupon redelivery of the goods. The remedies contained If Seller is in this breach as to any particular goods and so requests the preceding paragraph shall constitute return of the sole recourse of Buyer against goods, the goods will be redelivered to Seller for breach of any of in accordance with Seller's obligations under the contract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential or special damages, including without limitation, lost revenues, lost profits, recall expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall instructions and at Seller's liability on any claim for damages arising out of or connected with the contract or the manufactureexpense. THE REMEDIES CONTAINED IN THIS AND THE PRECEDING PARAGRAPH SHALL CONSTITUTE THE SOLE RECOURSE OF BUYER AGAINST SELLER FOR BREACH OF ANY OF SELLER’S OBLIGATIONS UNDER THE SALES CONTRACT, saleWHETHER OF WARRANTY OR OTHERWISE. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES NOR SHALL SELLER’S LIABILITY ON ANY CLAIM FOR DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALES CONTRACT OR THE MANUFACTURE, delivery or use of the goods exceed the purchase price of the goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods provided by other suppliers will be assigned to Buyer upon requestSALE, DELIVERY OR USE OF THE GOODS EXCEED THE PURCHASE PRICE OF THE GOODS. Seller shall not be liable for failure to perform its obligations under the sales contract resulting directly or indirectly from or contributed to by acts of God; acts of Buyer; civil or military authority; priorities; fires; strikes or other labor disputes; accidents; floods; epidemics; war; riot; delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller's reasonable control, whether similar or dissimilar to the foregoing.

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this the contract, whether of warranty or otherwise, Seller may request the return of the goods and tender to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract except to refund such purchase price upon redelivery of the goods. No goods may be returned without XxxxxxSeller's written request. If Seller requests the return of the goods, the goods will be redelivered to Seller at Buyer's expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goods. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, and Seller has not delivered any goods to Buyer, Seller may tender to Buyer the purchase price previously paid by Buyer, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price previously paid by Buyer. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under the contract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential or special damages, including without limitation, lost revenues, lost profits, recall expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall Seller's liability on any claim for damages arising out of or connected with the contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods provided by other suppliers will be assigned to Buyer upon request. Seller shall not be liable for failure to perform its obligations under the contract resulting directly or indirectly from circumstances beyond Seller's reasonable control.

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this contractthe Contract, whether of warranty or otherwise, Seller may request the return of the goods Goods and tender or credit to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract Contract except to refund or credit such purchase price upon redelivery of the goodsGoods. No goods Goods may be returned without Xxxxxx's Seller’s written request. If Seller requests the return of the goodsGoods, the goods Goods will be redelivered to Seller at Buyer's ’s expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods Goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goodsGoods. In the event Buyer claims Seller has breached any of its obligations under the contractContract, whether of warranty or otherwise, and Seller has not delivered any goods Goods to Buyer, Seller may tender refund or credit to Buyer the purchase price previously paid by BuyerBuyer for those Goods, and, in such event, Seller shall have no further obligation under the contract Contract except to refund or credit such purchase price previously paid by Buyer. The remedies contained in this and the two (2) preceding paragraph paragraphs together with Seller’s Indemnification Obligations shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's ’s obligations under the contractContract, whether of warranty or otherwise; provided, however, such remedies shall be unavailable to Buyer if Buyer inspected or reasonably should have inspected the Goods and could have discovered the non-conforming Goods upon such inspection, which failure shall be deemed an irrevocable waiver by Buyer of such or any other remedies. After identifying any non-conforming Goods, within ten (10) days of Buyer’s discovery of the nonconformance (or when Buyer reasonably should have discovered the nonconformance), Buyer will provide Seller written notice thereof together with the results of its internal root cause analysis of the non-conformance(s) and any other information requested by Seller relating to the non-conformance(s). Buyer shall further cooperate with Seller in a joint root cause analysis led by Seller, and in developing and implementing corrective action programs or other plan(s) to remediate potential failures that may have contributed to such non- conformance(s), which cooperation shall include, without limitation, providing Seller and its agents reasonable access to Buyer’s personnel and operations. In no event shall Seller be liable for indirect, incidental, consequential consequential, exemplary, punitive, or special damages, including without limitation, lost revenues, lost profitsprofits or recall (including, recall without limitation, any voluntary customer satisfaction or other service campaign or similar action) expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall Seller's ’s liability on any claim for damages arising out of or connected with the contract Contract or the manufacture, sale, delivery or use of the goods Goods exceed the purchase price of the goods Goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods Goods provided by other suppliers will will, unless contractually prohibited, be assigned to Buyer upon request. Seller shall not be liable for failure to perform its obligations under the contract Contract resulting directly or indirectly from circumstances beyond Seller's ’s reasonable control.. Without limiting any other rights or remedies available to Seller under the Contract or applicable law, in the event Seller claims Buyer has breached any of its obligations under the Contract, Seller may recover damages resulting from the default, including, without limitation, (i) the Contract price for completed Goods and the cost of work-in-progress and raw materials and

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this contract, whether of warranty or otherwise, Seller may request the return of the goods and tender to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract except to refund such purchase price upon redelivery of the goods. No goods may be returned without XxxxxxSeller's written request. If Seller requests the return of the goods, the goods will be redelivered to Seller at Buyer's expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goods. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, and Seller has not delivered any goods to Buyer, Seller may tender to Buyer the purchase price previously paid by Buyer, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price previously paid by Buyer. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under the contract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential or special damages, including without limitation, lost revenues, lost profits, recall expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall Seller's liability on any claim for damages arising out of or connected with the contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods provided by other suppliers will be assigned to Buyer upon request. Seller shall not be liable for failure to perform its obligations under the contract resulting directly or indirectly from circumstances beyond Seller's reasonable control.

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this contractthe Contract, whether of warranty or otherwise, Seller may request the return of the goods Goods and tender to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract Contract except to refund such purchase price upon redelivery of the goodsGoods. No goods Goods may be returned without Xxxxxx's Seller’s written request. If Seller requests the return of the goodsGoods, the goods Goods will be redelivered to Seller at Buyer's ’s expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods Goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goodsGoods. In the event Buyer claims Seller has breached any of its obligations under the contractContract, whether of warranty or otherwise, and Seller has not delivered any goods Goods to Buyer, Seller may tender to Buyer the purchase price previously paid by BuyerBuyer for those Goods, and, in such event, Seller shall have no further obligation under the contract Contract except to refund such purchase price previously paid by Buyer. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's ’s obligations under the contractContract, whether of warranty or otherwise. In no event shall Seller be liable for indirect, incidental, consequential consequential, exemplary, punitive, or special damages, including without limitation, lost revenues, lost profits, profits or recall expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall Seller's ’s liability on any claim for damages arising out of or connected with the contract Contract or the manufacture, sale, delivery or use of the goods Goods exceed the purchase price of the goods Goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods Goods provided by other suppliers will will, unless contractually prohibited, be assigned to Buyer upon request. Seller shall not be liable for failure to perform its obligations under the contract Contract resulting directly or indirectly from circumstances beyond Seller's ’s reasonable control. In the event Seller claims Buyer has breached any of its obligations under the Contract, Seller may recover damages resulting from the default, including (i) the Contract price for completed Goods and Services and the cost of work-in-progress and raw materials and (ii) the cost of unreimbursed and unamortized research and development, capital equipment, property, and supplies that are unique to the Goods.

Remedies and Limitation of Liability. In the event Buyer claims Seller has breached any of its obligations under this the contract, whether of warranty or otherwise, Seller may request the return of the goods and tender to Buyer the purchase price previously paid by Buyer, and in such event, Seller shall have no further obligation under the contract except to refund such purchase price upon redelivery of the goods. No goods may be returned without Xxxxxx's Seller’s written request. If Seller requests the return of the goods, the goods will be redelivered to Seller at Buyer's expense by lowest cost mode of transportation unless otherwise authorized in writing by Seller. Seller reserves the right to inspect any claimed defect, repair defective goods or install replacement parts, and perform any adjustment incident to satisfactory operation of the goods. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, and Seller has not delivered any goods to Buyer, Seller may tender to Buyer the purchase price previously paid by Buyer, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price previously paid by Buyer. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's ’s obligations under the contract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential or special damages, including without limitation, lost revenues, lost profits, profits or recall expenses, or line down time of Buyer or Buyer's customer or a customer remote to Buyer, nor shall Seller's ’s liability on any claim for damages arising out of or connected with the contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods previously paid by Buyer to Seller. Any warranty rights which Seller may have relating to any goods provided by other suppliers will be assigned to Buyer upon request. Seller shall not be liable for failure to perform its obligations under the contract resulting directly or indirectly from circumstances beyond Seller's ’s reasonable control.